Taxel v. Chase Manhattan Bank, USA, N.A. (In Re Deuel)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
One of the most powerful weapons in a bankruptcy trustee’s arsenal is the “strong arm” power of Section 544(a)(3) 2 to recover real property, subject to the same limitations that a bona fide purchaser would have when acquiring that property from the debtor outside of bankruptcy. Trustees for decades have defeated unperfected liens and unrecorded transfers, all to the benefit of unsecured creditors in bankruptcy-
The bankruptcy court rejected a trustee’s attempt to exercise that power, relying on a Ninth Circuit decision holding that a petitioning creditor’s…
2Cases cited19 opinions
- In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan BankCourt of Appeals for the Sixth Circuit · 2001
- Jeffrey Mort Pamela Mort Fred Strefling Jeffrey Tobian v. United StatesCourt of Appeals for the Ninth Circuit · 1996
- Saghi v. Walsh (In Re Gurs)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- In Re James S. Hamada, Debtor. James S. Hamada v. Far East National Bank, a California CorporationCourt of Appeals for the Ninth Circuit · 2002
- Mayer v. United States (In Re Reasonover)United States Bankruptcy Court, E.D. Virginia · 1999
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Missouri Breaks, LLC v. BurnsNorth Dakota Supreme Court · 2010
- In Re Flamingo 55, Inc.United States Bankruptcy Court, D. Nevada · 2007
- Drown v. Wells Fargo Bank, N.A. (In Re Scott)United States Bankruptcy Court, S.D. Ohio · 2010
- In Re HoustonUnited States Bankruptcy Court, D. South Carolina · 2009
- Chase Manhattan Bank, USA, N.A. v. Taxel (In Re Deuel)Court of Appeals for the Ninth Circuit · 2010
5 more not listed; retrieve them via the Exa API.